Document Type : Original Article
Authors
1
Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2
Department of Law, Ghods City Branch, Islamic Azad University, Tehran, Iran
3
Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
10.30510/psi.2022.349289.3645
Abstract
In today's society, the importance of the subject of documents and their registration is not hidden from anyone, because with the development of societies and the growing growth of commercial transactions, the development of trade and internationalization of trade, everyone has made people feel some kind of security in transactions. And this issue is taken from the dynamic and appropriate registration system. Therefore, the present study, which seeks to examine the conflict of documents in Imami jurisprudence and Iranian law, after expanding the conceptual space of the research subject, will examine the conflict of documents. According to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method in this dissertation is library. The findings of this study indicate that: First; It seems that in the conflict between a formal document and an ordinary document, the official document has more positive value and power in terms of enforceability and has priority, secondly; It seems that in comparison between official and ordinary documents, official documents for reasons such as having evidentiary power, legal effect of official documents in creating confidence in the judge that the personal claim is correct and having both positive and affirmative aspects on ordinary documents. It is preferable, thirdly; In Imami jurisprudence, it seems that in the conflict between the official and ordinary document, the principle is the impossibility of conflict.
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